Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Kknair
Hr, Ir, Law, Disc. Matters
Pulipaka_ramarao
Manager - Hr & Ir
+4 Others

Dear All,
m working with a reputed 400 bedded hospital with 417 no. of employees.
i am confused with standing orders/model standing orders/code of conduct.
although i have learnt alot from the respected members of this esteemed site but need some information
DO we need to get certified from any competent agency for standing or model standing orders or can we have our own Code of conduct??
IF we draft our own code of conduct and apply to all employees,will it be legally correct?
which agency provide certification for Standing or model standing orders?
please reply at the earliest so that i can sleep well
22nd April 2014 From India
First of all the Industrial Establishments (Standing Orders) Act should be applicable to your organisation, ie, hospital. Only in some states this Act has been made applicable to commercial establishments and basically this Act applies only to factories.

If your state law permits or covers hospitals, then you can go ahead with drafting standing orders. The Act contains a model standing orders and you can take that as base and draft your own policies and procedures but within the framework of law. That means, though the standing order is independent property of the establishment, you can not have a provision in the orders which is illegal, like, you can not provide for 12 hours duty time, or a clause that every employee should serve the organisation for at least 5 years failing which the employee should pay some lakhs of rupees as damages, etc in the policy.

The draft should be accepted by the employees in general. Five copies of standing orders should be submitted for certification to the certifying officer. If your establishment has no trade unions, the certifying officer (officer of Labour department not below the rank of Dy. Commissioner) will select a few representative employees to sign the draft. Once certified the provisions will be binding on the employees and employer.

Employees code of conduct is only a document defining the codes of conduct which every employee should follow while in service. It is not a legal document like Standing Orders but if the same is accepted by all employees as read and understood, we can enforce it as a binding document at least in the case of those who are not in the workmen category.

Madhu.T.K
22nd April 2014 From India, Kannur
Yes. Agreeing with mr. Madhu's view. As a first step, please make Draft standing orders and show it
to the selected number of employees and also to the Dy.Labour Commissioner (who is the Certifying
Officer) for their views and suggestions. All suggestions, views, opinions etc needs to be incorporated
and modify the DSOaccordingly.
Then make revised set of Standing Orders (in 5 copies and submit to DLC for his certification.
Once the certified Standing Orders are received, please take a photo copy of the same and exhibit
on the Notice Board of the establishment. Original SO can be kept in a folder file.
Thanks
R K Nair
22nd April 2014 From India, Aizawl
Dear Rickj, To add to what Shri Madhu Sir has pointed out, the Standing Orders/Model Standing Orders arise from the provisions of the Industrial Employment Standing Orders Act 1946 and it applies only on industrial establishments. The term 'Industrial Establishment' is defined in Section 2(e) of the Act and prima-facie it does not cover hospital. None of the State Governments, in the lierature available at this end, has extended the provisions of this act to hospitals. As regards having any code of conduct, pl check with the State Labour authorities as to whether any such guidelines exist? KK
22nd April 2014 From India, Bhopal
State enactment of Maharshtra covers commercial establishments. Recently Kerala government has extended the application of the Act to commercial establishments. Karnataka has also extended it to commercial establishments other than IT companies.
Madhu.T.K
23rd April 2014 From India, Kannur
The Standing orders Act applies not only to Factories,but to all industrial establishment as defined under Sec 2(e) of the Act.Cl (1) of the subsection says the Act applies to all industrial establishment defined as industrial or other establishment under Sec 2 (11) Payment of wages Act.This section gives power to the state govts to apply the Act to any other establishments in the state.
The Kerala govt has thus applied the Standing Orders Act to all commercial establishments in the state,coming under the Kerala Shops and Commercial Establishment Act 1960.Hence all hospitals in Kerala employing 50 or workmen are now under the purview of Standing Orders Act.
Hence please check whether your state govt has extended the SO Act to hospitals.If so go for certification.
Varghese Mathew
09961266966
23rd April 2014 From India, Thiruvananthapuram
As many views presented above, standing orders have a legal aspect to it. While code of conduct depicts the values or type of behaviors that the organisation believes in. For example, for an MNC, the code of conduct will remain the same throughout the world. But the terms of employment and other employment legislation will be governed by the geographical / local laws.
23rd April 2014 From India, Mumbai
thanx all for for providing valuable information
does hospitals in punjab come under this act?
as Mr. kknair mentioned that this act does not cover any hospital
and if we draft a code of conduct,how will it be implemented properly to avoid any litigation etc.
should we release a code of conduct manual or policy manual or get print on hosppital letter head & signed by every employee and keep them in their personal files??
thanx alot in anticipation
23rd April 2014 From India
Dear Sirs, If Indl.Establishment(Standing Orders) not applicable, Model Standing Orders are automatically applicable. Thanks & Regards, V R RAO PULIPAKA
23rd April 2014 From India, Chennai
Dear,

Mr. Madhu TK has given you a very correct suggestion on how to get the Standing Order certified. You pl go through the Act, whatever is missing, will be made clear therein.

As regards your confusion about the difference in between them, there is a basic difference. The Model Standing Order or Standing Order is a nodal Standing Order which guide industries on service condition matters, conducts, misconducts, rights, duties, obligation on the part of employer as well as employees etc. etc. It is not specific to any particular industry or Company or Establishment. BUT as soon as the contents of Standing Order are certified by the Competent Authority under the Act, it takes shape of a rule and is binding on the employees employed in that particular Company/Establishment/Organization depending upon the scope of coverage of SO. Violation of clause of Certified S.O. amounts to misconduct and warrants disciplinary action and punishment to be decided by the Disciplinary Authority defined in the Certified SO.

AK Jain

HR Personnel
23rd April 2014 From India, Jabalpur
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